We fell prey to what we now understand to be predatory lending but our main issue is with our mortgage servicer.
When we first fell behind on our loan due to my medical issues, we contacted our lender. We were told that nothing
Could be done until we were at least 120 days behind and that we could not start any modifications until that time.
This did not settle well with me, however they were the lenders and we figured they knew their business. So we sent
In a hardship letter explaining that my health had failed which left me in and out of the hospital. This led to my
Husband moving to a higher paying job and losing our medical insurance for the family so that he could do contract
Work. We waited until the 120 days had passed and then called again. At this time we were told that we needed to
Request a loan modification package, which we did. Weeks passed and still no package arrived. We called again to
Make another package be shipped. This time we did get a package. We filled out the paper work and sent all of the
Documents back in. We were told not make any payments on the first mortgage. We also have a second with them and
Qualified for a repayment plan which we had continued to honor. We were told that if a payment came in during the
Loan modification it would kick us out of the loan mod. ASC (America's Servicing Company) said that foreclosure
Proceedings would be on hold until the loan modification was either accepted or denied. We were told to rush and
Send $5012.95 as a deposit. So we called again and again often three times a week to double check status and
Confirm that a loan mod would not be possible if we made any payments, yet the response was the same. Then we got a
Letter stating that we were in default. We called ASC again wanting an explanation. We were told not to worry
That everything was fine and that they were still waiting for the loan mod to come back. That was in October.
Well, sadly enough, even after calling day after day, December came and we were preparing our son to leave for the
Navy. Right before Christmas we get a post on our door for relatives to find, stating that our home would be
Auctioned Jan 2. We called ASC immediately only to be told the exact same thing, however this time I also
Called the attorney on the Trustee Sale notice. When I called Ndex-West, the attorneys, I was told that nothing
Was on hold, nor had it been. That the lenders were foreclosing. So I called back and fourth between the two only
To keep getting lied to by the lender.
Indeed our home was to be auctioned off right from under us.
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